Modern Slavery Act 2015 (c. 30)

PART 2 E+W Prevention orders

Slavery and trafficking prevention orders E+W

14 Slavery and trafficking prevention orders on sentencing E+W

(1) A court may make a slavery and trafficking prevention order against a person (“the defendant”) where it deals with the defendant in respect of—

(a) a conviction for a slavery or human trafficking offence,

(b) a finding that the defendant is not guilty of a slavery or human trafficking offence by reason of insanity, or

(c) a finding that the defendant is under a disability and has done the act charged against the defendant in respect of a slavery or human trafficking offence.

(2) The court may make the order only if it is satisfied that—

(a) there is a risk that the defendant may commit a slavery or human trafficking offence, and

(b) it is necessary to make the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed such an offence.

(3) A “slavery or human trafficking offence” means an offence listed in Schedule 1.

(4) The Secretary of State may by regulations amend Schedule 1.

(5) For the purposes of this section, convictions and findings include those taking place before this section comes into force.

Commencement Information

I1 S. 14 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(b)

15 Slavery and trafficking prevention orders on application E+W

(1) A magistrates' court may make a slavery and trafficking prevention order against a person (“the defendant”) on an application by—

(a) a chief officer of police,

(b) an immigration officer, F1 ...

(c) the Director General of the National Crime Agency (“the Director General”)[F2 , or

(d) the Gangmasters and Labour Abuse Authority.]

(2) The court may make the order only if it is satisfied that—

(a) the defendant is a relevant offender (see section 16), and

(b) since the defendant first became a relevant offender, the defendant has acted in a way which means that the condition in subsection (3) is met.

(3) The condition is that—

(a) there is a risk that the defendant may commit a slavery or human trafficking offence, and

(b) it is necessary to make the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed such an offence.

(4) A chief officer of police may make an application under this section only in respect of a person—

(a) who lives in the chief officer's police area, or

(b) who the chief officer believes is in that area or is intending to come to it.

(5) An application under this section is to be made by complaint, and may be made to any magistrates' court acting for a local justice area that includes—

(a) any part of a relevant police area, or

(b) any place where it is alleged that the defendant acted in a way mentioned in subsection (2)(b).

(6) Where the defendant is under 18, a reference in this section to a magistrates' court is to be taken as referring to a youth court (subject to any rules of court made under section 32).

(7) Where an immigration officer[F3 , the Director General or the Gangmasters and Labour Abuse Authority] makes an application under this section, the officer[F4 , the Director General or the Authority] must give notice of the application to the chief officer of police for a relevant police area.

(8) In this section “relevant police area” means—

(a) where the applicant is a chief officer of police, the officer's police area;

(b) where the applicant is an immigration officer[F5 , the Director General or the Gangmasters and Labour Abuse Authority], the police area where the defendant lives or a police area which the officer[F6 , the Director General or the Authority] believes the defendant is in or is intending to come to.

(9) The acts of the defendant which may be relied on for the purposes of subsection (2)(b) include acts taking place before this section comes into force.

Textual Amendments

F1 Word in s. 15(1) omitted (12.7.2016) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 10(2)(a); S.I. 2016/603, reg. 3(t)

F2 S. 15(1)(d) and preceding word inserted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 10(2)(b); S.I. 2016/603, reg. 3(t)

F3 Words in s. 15(7) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 10(3)(a); S.I. 2016/603, reg. 3(t)

F4 Words in s. 15(7) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 10(3)(b); S.I. 2016/603, reg. 3(t)

F5 Words in s. 15(8)(b) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 10(4)(a); S.I. 2016/603, reg. 3(t)

F6 Words in s. 15(8)(b) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 10(4)(b); S.I. 2016/603, reg. 3(t)

Commencement Information

I2 S. 15 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(b)

16 Meaning of “relevant offender” E+W

(1) A person is a “relevant offender” for the purposes of section 15 if subsection (2) or (3) applies to the person.

(2) This subsection applies to a person if—

(a) the person has been convicted of a slavery or human trafficking offence,

(b) a court has made a finding that the person is not guilty of a slavery or human trafficking offence by reason of insanity,

(c) a court has made a finding that the person is under a disability and has done the act charged against the person in respect of a slavery or human trafficking offence, or

(d) the person has been cautioned in respect of a slavery or human trafficking offence.

(3) This subsection applies to a person if, under the law of a country outside the United Kingdom—

(a) the person has been convicted of an equivalent offence (whether or not the person has been punished for it),

(b) a court has made, in relation to an equivalent offence, a finding equivalent to a finding that the person is not guilty by reason of insanity,

(c) a court has made, in relation to an equivalent offence, a finding equivalent to a finding that the person is under a disability and has done the act charged against the person, or

(d) the person has been cautioned in respect of an equivalent offence.

(4) An “equivalent offence” means an act which—

(a) constituted an offence under the law of the country concerned, and

(b) would have constituted a slavery or human trafficking offence under the law of England and Wales if it had been done in England and Wales, or by a UK national, or as regards the United Kingdom.

(5) For the purposes of subsection (4) an act punishable under the law of a country outside the United Kingdom constitutes an offence under that law, however it is described in that law.

(6) On an application under section 15 where subsection (3) is alleged to apply to the defendant, the condition in subsection (4)(b) is to be taken as met unless—

(a) not later than provided by rules of court, the defendant serves on the applicant a notice which states that in the defendant's opinion the condition is not met, shows the grounds for that opinion, and requires the applicant to prove that the condition is met, or

(b) the court permits the defendant to require the applicant to prove that the condition is met without service of such a notice.

(7) References in this section to convictions, findings and cautions include those taking place before this section comes into force.

Commencement Information

I3 S. 16 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(b)

17 Effect of slavery and trafficking prevention orders E+W

(1) A slavery and trafficking prevention order is an order prohibiting the defendant from doing anything described in the order.

(2) The only prohibitions that may be included in the order are those which the court is satisfied are necessary for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed a slavery or human trafficking offence.

(3) The order may prohibit the defendant from doing things in any part of the United Kingdom, and anywhere outside the United Kingdom.

(4) Subject to section 18(1), a prohibition contained in a slavery and trafficking prevention order has effect—

(a) for a fixed period, specified in the order, of at least 5 years, or

(b) until further order.

(5) A slavery and trafficking prevention order—

(a) may specify that some of its prohibitions have effect until further order and some for a fixed period;

(b) may specify different periods for different prohibitions.

(6) If a court makes a slavery and trafficking prevention order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.

Commencement Information

I4 S. 17 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(b)

18 Prohibitions on foreign travel E+W

(1) A prohibition on foreign travel contained in a slavery and trafficking prevention order must be for a fixed period of not more than 5 years.

(2) A “prohibition on foreign travel” means—

(a) a prohibition on travelling to any country outside the United Kingdom named or described in the order,

(b) a prohibition on travelling to any country outside the United Kingdom other than a country named or described in the order, or

(c) a prohibition on travelling to any country outside the United Kingdom.

(3) Subsection (1) does not prevent a prohibition on foreign travel from being extended for a further period (of no more than 5 years each time) under section 20.

(4) A slavery and trafficking prevention order that contains a prohibition within subsection (2)(c) must require the defendant to surrender all of the defendant's passports at a police station specified in the order—

(a) on or before the date when the prohibition takes effect, or

(b) within a period specified in the order.

(5) Any passports surrendered must be returned as soon as reasonably practicable after the person ceases to be subject to a slavery and trafficking prevention order containing a prohibition within subsection (2)(c).

(6) Subsection (5) does not apply in relation to—

(a) a passport issued by or on behalf of the authorities of a country outside the United Kingdom if the passport has been returned to those authorities;

(b) a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation.

Commencement Information

I5 S. 18 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(b)

19 Requirement to provide name and address E+W

(1) A slavery and trafficking prevention order may (as well as imposing prohibitions on the defendant) require the defendant to comply with subsections (3) to (6).

(2) It may do so only if the court is satisfied that the requirement is necessary for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed a slavery or human trafficking offence.

(3) Before the end of the period of 3 days beginning with the day on which a slavery and trafficking prevention order requiring the defendant to comply with subsections (3) to (6) is first served the defendant must, in the way specified in the order, notify the person specified in the order of the relevant matters.

(4) The relevant matters are—

(a) the defendant's name and, where the defendant uses one or more other names, each of those names, and

(b) the defendant's home address.

(5) If while the defendant is subject to the order the defendant—

(a) uses a name which has not been notified under the order, or

(b) changes home address,

the defendant must, in the way specified in the order, notify the person specified in the order of the new name or the new home address.

(6) The notification must be given before the end of the period of 3 days beginning with the day on which the defendant uses the name or changes home address.

(7) Where the order requires the defendant to notify the Director General of the National Crime Agency[F7 , an immigration officer or the Gangmasters and Labour Abuse Authority], the Director General[F8 , the officer or the Authority] must give details of any notification to the chief officer of police for each relevant police area.

(8) “Relevant police area” means—

(a) where the defendant notifies a new name, the police area where the defendant lives;

(b) where the defendant notifies a change of home address, the police area where the defendant lives and (if different) the police area where the defendant lived before the change of home address.

Textual Amendments

F7 Words in s. 19(7) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 11(a); S.I. 2016/603, reg. 3(t)

F8 Words in s. 19(7) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 11(b); S.I. 2016/603, reg. 3(t)

Commencement Information

I6 S. 19 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(b)

20 Variation, renewal and discharge E+W

(1) A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a slavery and trafficking prevention order.

(2) The persons are—

(a) the defendant;

(b) the chief officer of police for the area in which the defendant lives;

(c) a chief officer of police who believes that the defendant is in, or is intending to come to, that officer's police area;

(d) where the order was made on an application under section 15 by a chief officer of police, that officer;

(e) where the order was made on an application under section 15 by an immigration officer, an immigration officer;

(f) where the order was made on an application under section 15 by the Director General of the National Crime Agency (“the Director General”), the Director General;

[F9 (g) where the order was made on an application under section 15 by the Gangmasters and Labour Abuse Authority, the Authority.]

(3) On the application the court, after hearing—

(a) the person making the application, and

(b) the other persons mentioned in subsection (2) (if they wish to be heard),

may make any order varying, renewing or discharging the slavery and trafficking prevention order that the court considers appropriate.

(4) An order may be renewed, or varied so as to impose additional prohibitions on the defendant or require the defendant to comply with section 19(3) to (6), only if the court is satisfied that—

(a) there is a risk that the defendant may commit a slavery or human trafficking offence, and

(b) it is necessary to renew or vary the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed such an offence.

(5) Any renewed or varied order—

(a) may contain only those prohibitions which the court is satisfied are necessary for that purpose,

(b) may require the defendant to comply with section 19(3) to (6) only if the court is satisfied that the requirement is necessary for that purpose.

(6) The court must not discharge an order before the end of 5 years beginning with the day on which the order was made, without the consent of—

(a) the defendant and the chief officer of police for the area in which the defendant lives, or

(b) where the application is made by a chief officer of police, the defendant and that chief officer.

(7) Subsection (6) does not apply to an order containing a prohibition on foreign travel and no other prohibitions.

(8) An application under this section may be made—

(a) where the appropriate court is the Crown Court, in accordance with rules of court;

(b) in any other case, by complaint.

(9) Where an immigration officer[F10 , the Director General or the Gangmasters and Labour Abuse Authority] makes an application under this section, the officer[F11 , the Director General or the Authority] must give notice of the application to the chief officer of police for—

(a) the police area where the defendant lives, or

(b) a police area which the immigration officer[F11 , the Director General or the Authority] believes the defendant is in or is intending to come to.

(10) In this section “the appropriate court” means—

(a) where the Crown Court or the Court of Appeal made the slavery and trafficking prevention order, the Crown Court;

(b) where an adult magistrates' court made the order—

(i) that court,

(ii) an adult magistrates' court for the area in which the defendant lives, or

(iii) where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area;

(c) where a youth court made the order and the defendant is under 18—

(i) that court,

(ii) a youth court for the area in which the defendant lives, or

(iii) where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer's police area;

(d) where a youth court made the order and the defendant is 18 or over—

(i) an adult magistrates' court for the area in which the defendant lives, or

(ii) where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area.

Textual Amendments

F9 S. 20(2)(g) inserted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 12(2); S.I. 2016/603, reg. 3(t)

F10 Words in s. 20(9) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 12(3)(a); S.I. 2016/603, reg. 3(t)

F11 Words in s. 20(9) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 12(3)(b); S.I. 2016/603, reg. 3(t)

Commencement Information

I7 S. 20 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(b)

21 Interim slavery and trafficking prevention orders E+W

(1) This section applies where an application under section 15 (“the main application”) has not been determined.

(2) An application for an interim slavery and trafficking prevention order—

(a) may be made by the complaint by which the main application is made, or

(b) if the main application has been made, may be made by the person who has made that application, by complaint to the court to which that application has been made.

(3) The court may, if it considers it just to do so, make an interim slavery and trafficking prevention order.

(4) An interim slavery and trafficking prevention order is an order which prohibits the defendant from doing anything described in the order.

(5) The order may prohibit the defendant from doing things in any part of the United Kingdom, and anywhere outside the United Kingdom.

(6) The order may (as well as imposing prohibitions on the defendant) require the defendant to comply with subsections (3) to (6) of section 19.

If it does, those subsections apply as if references to a slavery and trafficking prevention order were to an interim slavery and trafficking prevention order.

(7) The order—

(a) has effect only for a fixed period, specified in the order;

(b) ceases to have effect, if it has not already done so, on the determination of the main application.

(8) The applicant or the defendant may by complaint apply to the court that made the interim slavery and trafficking prevention order for the order to be varied, renewed or discharged.

Commencement Information

I8 S. 21 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(b)

22 Appeals E+W

(1) A defendant may appeal against the making of a slavery and trafficking prevention order—

(a) where the order was made under section 14(1)(a), as if the order were a sentence passed on the defendant for the offence;

(b) where the order was made under section 14(1)(b) or (c), as if the defendant had been convicted of the offence and the order were a sentence passed on the defendant for the offence;

(c) where the order was made on an application under section 15, to the Crown Court.

(2) A defendant may appeal to the Crown Court against the making of an interim slavery and trafficking prevention order.

(3) A defendant may appeal against the making of an order under section 20, or the refusal to make such an order—

(a) where the application for such an order was made to the Crown Court, to the Court of Appeal;

(b) in any other case, to the Crown Court.

(4) On an appeal under subsection (1)(c), (2) or (3)(b), the Crown Court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.

(5) Any order made by the Crown Court on an appeal under subsection (1)(c) or (2) is for the purposes of section 20(10) or 21(8) (respectively) to be treated as if it were an order of the court from which the appeal was brought.

(6) Subsection (5) does not apply to an order directing that an application be re-heard by a magistrates' court.

Commencement Information

I9 S. 22 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(b)

Slavery and trafficking risk orders E+W

23 Slavery and trafficking risk orders E+W

(1) A magistrates' court may make a slavery and trafficking risk order against a person (“the defendant”) on an application by—

(a) a chief officer of police,

(b) an immigration officer, F12 ...

(c) the Director General of the National Crime Agency (“the Director General”)[F13 , or

(d) the Gangmasters and Labour Abuse Authority.]

(2) The court may make the order only if it is satisfied that the defendant has acted in a way which means that—

(a) there is a risk that the defendant will commit a slavery or human trafficking offence, and

(b) it is necessary to make the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed such an offence.

(3) A chief officer of police may make an application under this section only in respect of a person—

(a) who lives in the chief officer's police area, or

(b) who the chief officer believes is in that area or is intending to come to it.

(4) An application under this section is to be made by complaint, and may be made to any magistrates' court acting for a local justice area that includes—

(a) any part of a relevant police area, or

(b) any place where it is alleged that the person acted in a way mentioned in subsection (2).

(5) Where the defendant is under 18, a reference in this section to a magistrates' court is to be taken as referring to a youth court (subject to any rules of court made under section 32).

(6) Where an immigration officer[F14 , the Director General or the Gangmasters and Labour Abuse Authority] makes an application under this section, the officer[F15 , the Director General or the Authority] must give notice of the application to the chief officer of police for a relevant police area.

(7) “Relevant police area” means—

(a) where the applicant is a chief officer of police, the officer's police area;

(b) where the applicant is an immigration officer[F16 , the Director General or the Gangmasters and Labour Abuse Authority], the police area where the defendant lives or a police area which the officer[F17 , the Director General or the Authority] believes the defendant is in or is intending to come to.

(8) The acts of the defendant which may be relied on for the purposes of subsection (2) include acts taking place before this section comes into force.

Textual Amendments

F12 Word in s. 23(1) omitted (12.7.2016) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 13(2)(a); S.I. 2016/603, reg. 3(t)

F13 S. 23(1)(d) and preceding word inserted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 13(2)(b); S.I. 2016/603, reg. 3(t)

F14 Words in s. 23(6) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 13(3)(a); S.I. 2016/603, reg. 3(t)

F15 Words in s. 23(6) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 13(3)(b); S.I. 2016/603, reg. 3(t)

F16 Words in s. 23(7)(b) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 13(4)(a); S.I. 2016/603, reg. 3(t)

F17 Words in s. 23(7)(b) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 13(4)(b); S.I. 2016/603, reg. 3(t)

Commencement Information

I10 S. 23 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(b)

24 Effect of slavery and trafficking risk orders E+W

(1) A slavery and trafficking risk order is an order which prohibits the defendant from doing anything described in the order.

(2) The only prohibitions that may be included in the order are those which the court is satisfied are necessary for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed a slavery or human trafficking offence.

(3) The order may prohibit the defendant from doing things in any part of the United Kingdom, and anywhere outside the United Kingdom.

(4) Subject to section 25(1), a prohibition contained in a slavery and trafficking risk order has effect—

(a) for a fixed period, specified in the order, of at least 2 years, or

(b) until further order.

(5) A slavery and trafficking risk order—

(a) may specify that some of its prohibitions have effect until further order and some for a fixed period;

(b) may specify different periods for different prohibitions.

(6) Where a court makes a slavery and trafficking risk order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.

Commencement Information

I11 S. 24 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(b)

25 Prohibitions on foreign travel E+W

(1) A prohibition on foreign travel contained in a slavery and trafficking risk order must be for a fixed period of not more than 5 years.

(2) A “prohibition on foreign travel” means—

(a) a prohibition on travelling to any country outside the United Kingdom named or described in the order,

(b) a prohibition on travelling to any country outside the United Kingdom other than a country named or described in the order, or

(c) a prohibition on travelling to any country outside the United Kingdom.

(3) Subsection (1) does not prevent a prohibition on foreign travel from being extended for a further period (of no more than 5 years each time) under section 27.

(4) A slavery and trafficking risk order that contains a prohibition within subsection (2)(c) must require the defendant to surrender all of the defendant's passports at a police station specified in the order—

(a) on or before the date when the prohibition takes effect, or

(b) within a period specified in the order.

(5) Any passports surrendered must be returned as soon as reasonably practicable after the person ceases to be subject to a slavery and trafficking risk order containing a prohibition within subsection (2)(c).

(6) Subsection (5) does not apply in relation to—

(a) a passport issued by or on behalf of the authorities of a country outside the United Kingdom if the passport has been returned to those authorities;

(b) a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation.

Commencement Information

I12 S. 25 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(b)

26 Requirement to provide name and address E+W

(1) A slavery and trafficking risk order may (as well as imposing prohibitions on the defendant) require the defendant to comply with subsections (3) to (6).

(2) It may do so only if the court is satisfied that the requirement is necessary for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed a slavery or human trafficking offence.

(3) Before the end of the period of 3 days beginning with the day on which a slavery and trafficking risk order requiring the defendant to comply with subsections (3) to (6) is first served the defendant must, in the way specified in the order, notify the person specified in the order of the relevant matters.

(4) The relevant matters are—

(a) the defendant's name and, where the defendant uses one or more other names, each of those names, and

(b) the defendant's home address.

(5) If while the defendant is subject to the order the defendant—

(a) uses a name which has not been notified under the order, or

(b) changes home address,

the defendant must, in the way specified in the order, notify the person specified in the order of the new name or the new home address.

(6) The notification must be given before the end of the period of 3 days beginning with the day on which the defendant uses the name or changes home address.

(7) Where the order requires the defendant to notify the Director General of the National Crime Agency[F18 , an immigration officer or the Gangmasters and Labour Abuse Authority], the Director General[F19 , the officer or the Authority] must give details of any notification to the chief officer of police for each relevant police area.

(8) “Relevant police area” means—

(a) where the defendant notifies a new name, the police area where the defendant lives;

(b) where the defendant notifies a change of home address, the police area where the defendant lives and (if different) the police area where the defendant lived before the change of home address.

Textual Amendments

F18 Words in s. 26(7) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 14(a); S.I. 2016/603, reg. 3(t)

F19 Words in s. 26(7) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 14(b); S.I. 2016/603, reg. 3(t)

Commencement Information

I13 S. 26 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(b)

27 Variation, renewal and discharge E+W

(1) A person within subsection (2) may by complaint to the appropriate court apply for an order varying, renewing or discharging a slavery and trafficking risk order.

(2) The persons are—

(a) the defendant;

(b) the chief officer of police for the area in which the defendant lives;

(c) a chief officer of police who believes that the defendant is in, or is intending to come to, that officer's police area;

(d) where the order was made on an application by a chief officer of police, that officer;

(e) where the order was made on an application by an immigration officer, an immigration officer;

(f) where the order was made on an application by the Director General of the National Crime Agency (“the Director General”), the Director General;

[F20 (g) where the order was made on an application by the Gangmasters and Labour Abuse Authority, the Authority.]

(3) On the application the court, after hearing—

(a) the person making the application, and

(b) the other persons mentioned in subsection (2) (if they wish to be heard),

may make any order varying, renewing or discharging the slavery and trafficking risk order that the court considers appropriate.

(4) An order may be renewed, or varied so as to impose additional prohibitions on the defendant or require the defendant to comply with section 26(3) to (6), only if the court is satisfied that—

(a) there is a risk that the defendant may commit a slavery or human trafficking offence, and

(b) it is necessary to renew or vary the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which would be likely to occur if the defendant committed such an offence.

(5) Any renewed or varied order—

(a) may contain only those prohibitions which the court is satisfied are necessary for that purpose;

(b) may require the defendant to comply with section 26(3) to (6) only if the court is satisfied that the requirement is necessary for that purpose.

(6) The court must not discharge an order before the end of 2 years beginning with the day on which the order was made, without the consent of—

(a) the defendant and the chief officer of police for the area in which the defendant lives, or

(b) where the application is made by a chief officer of police, the defendant and that chief officer.

(7) Where an immigration officer[F21 , the Director General or the Gangmasters and Labour Abuse Authority] makes an application under this section, the officer[F22 , the Director General or the Authority] must give notice of the application to the chief officer of police for—

(a) the police area where the defendant lives, or

(b) a police area which the immigration officer[F21 , the Director General or the Gangmasters and Labour Abuse Authority] believes the defendant is in or is intending to come to.

(8) In this section “the appropriate court” means—

(a) where an adult magistrates' court made the slavery and trafficking risk order—

(i) that court,

(ii) any adult magistrates' court for the area in which the defendant lives, or

(iii) where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area;

(b) where a youth court made the order and the defendant is under 18—

(i) that court,

(ii) a youth court for the area in which the defendant lives, or

(iii) where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer's police area;

(c) where a youth court made the order and the defendant is 18 or over—

(i) an adult magistrates' court for the area in which the defendant lives, or

(ii) where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area.

Textual Amendments

F20 S. 27(2)(g) inserted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 15(2); S.I. 2016/603, reg. 3(t)

F21 Words in s. 27(7) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 15(3)(a); S.I. 2016/603, reg. 3(t)

F22 Words in s. 27(7) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 15(3)(b); S.I. 2016/603, reg. 3(t)

Commencement Information

I14 S. 27 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(b)

28 Interim slavery and trafficking risk orders E+W

(1) This section applies where an application for a slavery and trafficking risk order (“the main application”) has not been determined.

(2) An application for an interim slavery and trafficking risk order—

(a) may be made by the complaint by which the main application is made, or

(b) if the main application has been made, may be made by the person who has made that application, by complaint to the court to which that application has been made.

(3) The court may, if it considers it just to do so, make an interim slavery and trafficking risk order.

(4) An interim slavery and trafficking risk order is an order which prohibits the defendant from doing anything described in the order.

(5) The order may prohibit the defendant from doing things in any part of the United Kingdom, and anywhere outside the United Kingdom.

(6) The order may (as well as imposing prohibitions on the defendant) require the defendant to comply with subsections (3) to (6) of section 26.

If it does, those subsections apply as if references to a slavery and trafficking risk order were to an interim slavery and trafficking risk order.

(7) The order—

(a) has effect only for a fixed period, specified in the order;

(b) ceases to have effect, if it has not already done so, on the determination of the main application.

(8) The applicant or the defendant may by complaint apply to the court that made the interim slavery and trafficking risk order for the order to be varied, renewed or discharged.

Commencement Information

I15 S. 28 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(b)

29 Appeals E+W

(1) A defendant may appeal to the Crown Court—

(a) against the making of a slavery and trafficking risk order;

(b) against the making of an interim slavery and trafficking risk order;

(c) against the making of an order under section 27, or the refusal to make such an order.

(2) The Crown Court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.

(3) An order made by the Crown Court on an appeal against the making of a slavery and trafficking risk order or an interim slavery and trafficking risk order is to be treated for the purposes of section 27(8) or 28(8) (respectively) as if it were an order of the court from which the appeal was brought.

(4) Subsection (3) does not apply to an order directing that an application be re-heard by a magistrates' court.

Commencement Information

I16 S. 29 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(b)

Offences and supplementary provision E+W

30 Offences E+W

(1) A person who, without reasonable excuse, does anything that the person is prohibited from doing by—

(a) a slavery and trafficking prevention order,

(b) an interim slavery and trafficking prevention order,

(c) a slavery and trafficking risk order,

(d) an interim slavery and trafficking risk order,

(e) a slavery and trafficking prevention order under Schedule 3 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)),F23 ...

(f) an interim slavery and trafficking prevention order under that Schedule to that Act,

[F24 (g) a trafficking and exploitation prevention order under section 17 or 18 of the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12);

(h) an interim trafficking and exploitation prevention order under section 24 of that Act;

(i) a trafficking and exploitation risk order under section 26 of that Act; or

(j) an interim trafficking and exploitation risk order under section 30 of that Act;]

commits an offence.

(2) A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement imposed under—

(a) section 18(4) or 25(4) (requirement to surrender passports), or

(b) section 19(1), 21(6), 26(1) or 28(6) (requirement to provide name and address).

(3) A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 5 years;

(b) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine or both.

(4) Where a person is convicted of an offence under this section, it is not open to the court by or before which the person is convicted to make an order for conditional discharge in respect of the offence.

Textual Amendments

F23 Word in s. 30(1)(e) omitted (17.12.2016) by virtue of The Human Trafficking and Exploitation (Scotland) Act 2015 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1031), art. 1(1), Sch. para. 3(2)(a)

F24 S. 30(1)(g)-(j) inserted (17.12.2016) by The Human Trafficking and Exploitation (Scotland) Act 2015 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1031), art. 1(1), Sch. para. 3(2)(b)

Commencement Information

I17 S. 30 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(b)

[F25 30A Enforcement by Gangmasters and Labour Abuse Authority E+W

(1) The Secretary of State may make arrangements with the Gangmasters and Labour Abuse Authority for officers of the Authority to act for the purposes of this Part in taking action in circumstances in which it appears that an offence under this Part which is a labour market offence (within the meaning of section 3 of the Immigration Act 2016) has been, is being or may be committed.

(2) For provision about the powers of such an officer who is acting for the purposes of this Part, see section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).]

Textual Amendments

F25 S. 30A inserted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 16; S.I. 2016/603, reg. 3(t)

31 Cross-border enforcement E+W

(1) The Secretary of State may by regulations amend section 30(1) so as to add to or remove from the list of orders in that section any relevant UK order.

(2) “Relevant UK order” means an order under the law of Scotland or Northern Ireland which appears to the Secretary of State to be equivalent or similar to—

(a) a slavery and trafficking prevention order,

(b) an interim slavery and trafficking prevention order,

(c) a slavery and trafficking risk order, or

(d) an interim slavery and trafficking risk order.

Commencement Information

I18 S. 31 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(b)

32 Rules of court E+W

(1) Rules of court may provide for a youth court to give permission for an application under section 15 or 23 against a person aged 18 or over to be made to the youth court if—

(a) an application to the youth court has been made, or is to be made, under that section against a person aged under 18, and

(b) the youth court thinks that it would be in the interests of justice for the applications to be heard together.

(2) Rules of court may, in relation to a person reaching the age of 18 after proceedings against that person by virtue of this Part have begun—

(a) prescribe circumstances in which the proceedings may or must remain in the youth court;

(b) make provision for the transfer of the proceedings from the youth court to an adult magistrates' court (including provision applying sections 21 and 28 with modifications).

Commencement Information

I19 S. 32 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(b)

33 Guidance to chief officers of police etc E+W

(1) The Secretary of State must issue guidance to chief officers of police, immigration officers[F26 , the Director General of the National Crime Agency and the Gangmasters and Labour Abuse Authority] in relation to the exercise by them of their powers under this Part.

(2) The Secretary of State may, from time to time, revise the guidance issued under subsection (1).

(3) The Secretary of State must arrange for any guidance issued or revised under this section to be published in a way the Secretary of State considers appropriate.

Textual Amendments

F26 Words in s. 33(1) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 17; S.I. 2016/603, reg. 3(t)

Commencement Information

I20 S. 33 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(b)

34 Interpretation of Part 2 E+W

(1) In this Part—

• “adult magistrates court” means a magistrates' court that is not a youth court;

• “cautioned” means cautioned after the person concerned has admitted the offence;

• “interim slavery and trafficking prevention order” means an order made under section 21 (except in section 30(1)(f));

• “interim slavery and trafficking risk order” means an order made under section 28;

• “slavery or human trafficking offence” means an offence listed in Schedule 1;

• “slavery and trafficking prevention order” means an order made under section 14 or 15 (except in section 30(1)(e));

• “slavery and trafficking risk order” means an order made under section 23.

(2) In this Part “passport” means—

(a) a United Kingdom passport within the meaning of the Immigration Act 1971;

(b) a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation;

(c) a document that can be used (in some or all circumstances) instead of a passport.

(3) In this Part a reference to a conviction includes a conviction for an offence in respect of which an order for conditional discharge is made, despite—

(a) [F27 section 82(2) of the Sentencing Code] (conviction with conditional discharge deemed not to be a conviction);

(b) article 6(1) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (equivalent provision for Northern Ireland).

(4) Subsection (3) applies only to convictions after this Part comes into force.

(5) In this Part a reference to a conviction includes a finding of a court in summary proceedings that the accused did the act charged, where the court makes an order under—

(a) section 37(3) of the Mental Health Act 1983,

(b) section 58(3) of the Criminal Procedure (Scotland) Act 1995, or

(c) article 44(4) of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)),

(hospital and guardianship orders).

(6) In relation to an offence under the law of Scotland, a reference in this Part to a person being found not guilty by reason of insanity is to be treated as a reference to a person being acquitted by reason of the special defence in section 51A of the Criminal Procedure (Scotland) Act 1995.

(7) In this Part, a reference to a finding that a person is under a disability and has done the act charged against the person in respect of an offence includes a finding that a person is insane or unfit to be tried and has done the act charged against the person in respect of an offence.

(8) Section 127 of the Magistrates' Courts Act 1980 (time limits) does not apply to a complaint under any provision of this Part.

(9) A person's age is to be treated for the purposes of this Part as being that which it appears to the court to be after considering any available evidence.

Textual Amendments

F27 Words in s. 34(3)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 294 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I21 S. 34 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(b)